Originally from Business Disputes In China - 3rd Edition

This article surveys the provisions for cross-border recognition of commercial judgments and arbitral awards across borders in China. By “China” we encompass its four distinct legal systems: those of the Mainland, Hong Kong, Macau and Taiwan; and when we say “crossborder” we mean the internal borders between these four regions, as well as international borders.

In section I, we summarise the position for each of the thirty-two basic permutations,2 seeking to highlight the main substantive rules of law applied and also to give a flavour for actual practice where possible to do so from publicly available sources (a major limitation, as will be seen). In section II, we offer some conclusions. The legal ground covered is quite extensive, and space is limited, but we hope to provide a starting point3 for those wishing to (i) obtain an overview of this highly technical legal forest, so that the developments of recent years may properly be understood in their wider context, with the gaps being plainly identified or (ii) research a particular bilateral position for practical purposes.